Important Information Regarding Section 20(a) Individual Liability Claims
NEW YORK, April 27, 2026 (GLOBE NEWSWIRE) — Levi & Korsinsky, LLP alerts investors in Boston Scientific Corporation (NYSE: BSX) of a pending securities class action naming five senior executives as individual defendants. Class Period: July 23, 2025 through February 3, 2026. Find out if you qualify to recover losses or contact Joseph E. Levi, Esq. at [email protected] | (212) 363-7500.
Boston Scientific shares fell $16.12 per share on February 4, 2026, a single-day decline of 17.6%, after the Company disclosed disappointing U.S. electrophysiology sales and issued fiscal 2026 guidance that fell well below expectations. The Court has set May 4, 2026 as the deadline to apply for lead plaintiff appointment.
The Named Individual Defendants
The securities action names the following Boston Scientific officers as individual defendants under Section 20(a) of the Securities Exchange Act of 1934:
- Michael F. Mahoney, Chairman, President, and Chief Executive Officer, who directed public statements touting “exceptional” quarterly performance and “differentiated long-term” growth positioning throughout the Class Period
- Jonathan R. Monson, Executive Vice President and Chief Financial Officer, who presented progressively elevated revenue and earnings guidance across multiple quarters
- Kenneth M. Stein, Senior Vice President and Chief Medical Officer, who made representations about sustained U.S. market growth and competitive advantages in the EP segment
- Joseph M. Fitzgerald, Executive Vice President and Group President of Cardiology, who projected 15% long-range EP market growth and plans to “outpace the market” at the September 2025 Investor Day
- Nicholas Spadea-Anello, Global President of Electrophysiology, who asserted the Company was “uniquely positioned to lead” and expressed confidence in “insulating” against competitive threats
Section 20(a) Control Person Framework
The complaint contends that each Individual Defendant possessed the power and authority to control the contents of Boston Scientific’s SEC filings, press releases, earnings call statements, and presentations to analysts and institutional investors. As pleaded, each defendant received copies of the Company’s public disclosures prior to or shortly after issuance and had the ability to prevent their release or cause corrections.
Sarbanes-Oxley Certification Obligations
Under Sections 302 and 906 of the Sarbanes-Oxley Act, Mahoney and Monson personally certified Boston Scientific’s quarterly and annual SEC filings, attesting that:
- Financial statements fairly presented the Company’s financial condition and results of operations
- Disclosure controls and procedures were effective
- Material changes in internal controls were properly disclosed
- The reports did not contain untrue statements of material fact or omit material facts necessary to avoid misleading investors
The action asserts these certifications were made while adverse trends affecting U.S. EP procedure volumes, competitive pressures, and reimbursement headwinds were allegedly known internally but not disclosed to the investing public.
Scienter Allegations
The lawsuit charges that each Individual Defendant knew adverse facts had not been disclosed and were being concealed from shareholders, and that positive representations being made to the market were materially false or misleading at the time they were issued. The complaint further asserts that Boston Scientific is liable for the acts of its officers under respondeat superior and agency principles.
“Corporate officers have a duty to ensure their companies’ public statements are accurate and complete. When five senior executives repeatedly elevate guidance and tout competitive strength while allegedly aware of material headwinds, accountability under the securities laws becomes a central question,” stated Joseph E. Levi, Esq.
Submit your information to join the recovery or call Joseph E. Levi, Esq. at (212) 363-7500.
Levi & Korsinsky, LLP — Top 50 securities litigation firm (ISS, seven consecutive years). Over 70 professionals. Hundreds of millions recovered.
CONTACT:
Levi & Korsinsky, LLP
Joseph E. Levi, Esq.
Ed Korsinsky, Esq.
33 Whitehall Street, 27th Floor
New York, NY 10004
Tel: (212) 363-7500
Fax: (212) 363-7171
